Dallas Trampoline Accident Attorney
Trampolines are a childhood favorite, but they also pose a risk of serious injury. According to a study in the Journal of Pediatric Orthopaedics, there were nearly 1 million emergency room visits between 2002 and 2011 for trampoline-related injuries. Of those, 300,000 involved broken bones.
Those collisions come with a hefty price tag – the study estimated total costs at $1 billion, with $400 million from fractures.
Who’s Mostly Likely to Be Injured and Where?
Children overwhelmingly are most likely to be injured in trampoline collisions. Children 16 years and under account for 92.7% of all emergency room visits. According to emergency room data, the most common injuries were to the upper extremities (nearly 60%), while 35% were to the lower extremities. Spinal fractures are rare, accounting for 1% of all injuries. Fractures in the skull or face are also possible, accounting for 2.9%. Finally, fractures in the ribs or sternum comprised 0.5% of all fractures.
The average age of serious injury to the spine or skull is 16 years. Researchers believe older children are more prone to permanently disabling injuries because they jump higher and more forcefully than younger children.
What Are the Most Common Trampoline Injuries?
Research from the same Journal of Pediatric Orthopaedics study suggests fractures to the forearm are the most common site of trampoline injury. Elbow fractures are also frequent, comprising 19% of upper extremity injuries.
Fractures to the tibia and fibula are the most commonly cited in the lower extremities, closely followed by broken ankles. Broken bones aren’t the only danger trampolines pose, however; children are at risk for soft tissue injuries like bruising and straining, as well as concussions.
The vast majority of these injuries (95.1%) occurred in the home, prompting the American Academy of Pediatrics to advise parents against having trampolines in their yards for children and their friends to use.
Legal Theories and Trampolines
Has your child or loved one been injured while playing on a neighbor’s or friend’s trampoline? Your first question might be, “who’s at fault?” This is an important legal consideration for your personal injury claim, and depends on a couple of factors, including:
- Who could be responsible, and;
- How the collision occurred.
Any number of parties could be responsible for the collision. For example, the manufacturer of the trampoline, the trampoline owner, or even another person who was using the trampoline at the same time could be at fault. Finding the responsible party is important, because it could mean the difference between compensation for a loved one’s injuries and nothing at all.
You may think when your child breaks his or her leg on a trampoline at a friend’s house that it may be the other parent’s fault for failing to provide adequate supervision. It may, however, be the result of an inherent manufacturer defect that led to your child’s injuries.
How Do I File Against?
A personal injury attorney will help you decide whom to file a claim against. Generally, a trampoline collision will fall under one of three scenarios:
- An inherent flaw in manufacturing, distribution, or retail of the product caused the injury: an issue of product liability.
- A chaperone failed to adequately supervise play or provide a reasonably safe environment: an issue of premises liability, or;
- Someone else using the trampoline at the same time: an issue of negligence.
Contact the Law Office of Stephen W. Shoultz if you or a loved one sustains a trampoline injury. We offer our services on a contingency-fee basis, so you only pay if we win. Contact us today to schedule a no-risk, free initial consultation in which we’ll review the specifics of your case and help you decide the next step.